The Freedom of Information - Case Study Example

PRESCHOOL PLAYTIME EDUCATION SERIES SOFTWARE STANDARD TERMS AND CONDITIONS OF SALE 1. Preschool Playtime Education Series Software’s mission is to provide quality software that enhances the education of children between the ages of three to five. Schools are frequently understaffed and unable to meet the needs of each student individually. Preschool Playtime Education Series Software was designed to be used by your child in preparation for entry into the public or private school system. 2. Preschool Playtime Education Series Software can also be used in preschool facilities with the purchase of additional licensing. 3. Preschool Playtime Education Series Software retains the right to all logos, content, copyrights, and images associated with Preschool Playtime Education Series Software. 4. All prices are subject to change and tariffs will apply if ordering outside the United States. Nonprofits and tax exempt companies must provide an EIN number when placing order. 5. Product will be shipped in protective packaging through UPS with customer receiving a tracking number. Though we try to assure your product arrives undamaged, should unforeseeable circumstances cause your product to arrive damaged please alert us at once. Customer will be sent a replacement free of charge with a return envelope for the damaged product. If the damaged product is not returned within fifteen days the customer will be charged for both products. 6. There is no stated or implied warranty as to the effectiveness of Preschool Playtime Education Series Software in enhancing the learning of children three to five. 7. Software is sold as is and may not be altered in any way. 8. Technical support is provided free of charge to customers for assistance with installation or other technical issues. 9. Preschool Playtime Education Series Software is not responsible for damage incurred by natural disasters, misuse of software, or illegal attempts to copy software. 10. Full payment is due before product is shipped. In the case of returned checks or insufficient credit after an authorization has been made there will be a 39.00 charge added. 11. Should you wish to cancel your order after it has been shipped you must notify us and return the product, unopened, at your expense, to the return address enclosed. Any charges incurred will be 100 % refunded. 12. Quality testing and statistics regarding the effectiveness of Preschool Playtime Education Series can be found on www.PreschoolPlaytimeEducationSeries.com. 13. Preschool Playtime Education Series makes no claims or guarantees as to compatibility with any other operating system then those listed. No technical support will be available or offered if you are using an operating system not supported. 14. Preschool Playtime Education Series requires a mouse and keyboard. 15. In the event the Preschool Playtime Education Series malfunctions in any way and the customer has contacted technical support and is in no way at fault and has the required operating system, drivers, and plug-ins, the customer must contact their computer’s manufacturer for further support. 16. Preschool Playtime Education Series must be purchased at a retail shop. No third party purchases will be covered under this contract. SCENARIO Mr. Bright purchased Preschool Playtime Education Series at a recent yard sale for his granddaughter who is turning four next month. The CD came in a slipcover with a serial number on the outside cover. Mr. Bright decides to test out the software before giving it to his granddaughter. His computer is an Apple and the software says it is incompatible with his operating system and goes no further. Mr. Bright looks up the software company on the internet and locates the technical support number. Mr. Bright is first asked where he purchased his software. He is then asked what operating system he is running. He is told by technical support that the software is not compatible or supported on Apple. Mr. Bright says he also has a windows based operating system on his laptop and requests assistance installing it. He is advised by technical support that their standard terms and conditions do not apply when the software is purchased through a third party. Mr. Bright is not happy about this and is told he must contact his computers manufacturer as the original purchase of the software allowed licensing and use on one computer only. Mr. Bright states that it is possible it has not been used before and would like to speak to management. Though this may be the case, the software is still not supported when purchased through a third party. FREEDOM OF INFORMATION ACT 2000 The Freedom of Information act is a law that ensures public access to government records when requested. Certain records are exempt automatically and if the public authority you are requesting information from withholds that information, it is then required to prove why it can not disclose it. There are nine specific exemptions but ultimately the right of access is ultimately enforceable in Federal court. A summary of the nine exemptions are as follows: Records classified national defense Internal personnel rules and policy Information specifically exempted by another statute Trade secrets and commercial or financial information obtained from a person and confidential Inter- or intra-agency memoranda or letters which would not be available to a party in litigation with the agency Personnel, medical and similar files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy Records compiled for law enforcement purposes Records relating to the examination, operations, or condition of financial institutions Oil well data (http://www.fcc.gov/foia/, July 26, 2010) The Freedom of Information act does not apply to companies unless they are a government entity and would not apply to the company discussed in the scenario. DATA PROTECTION ACT 1998 The Data Protection Act gives individuals the right to know what information is held about them. It ensures that data is handled properly and securely by companies that have access to personal information about a person. There are eight guiding principles that ensure personal information is kept up to date; Fairly and lawfully processed, which would mean using security and IT professionals to store this data Processed for limited purposes, a company cannot collect personal information about an employee which is not necessary or usual The information should be adequate, relevant, and not excessive, it is not necessary for a company to hold an employee’s life story such as information regarding private and personal information not shared with most people The information should be accurate and up to date Not kept for longer than necessary Processed in line with a person’s right to privacy Secure Not transferred to other countries without adequate data protection (http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_9#sch1-pt1) The act also gives the right to individuals to find out what personal information is held about them on paper as well as computer. A company not providing this information as requested can be fined at different levels and given the opportunity to show just cause why this information was not forthcoming in a timely manner. Companies must use secure data protection and keep up to date with weaknesses and vulnerabilities in their data storage. It is illegal for a hacker to view sensitive information in a company’s database as well as people in the company who have no right or reason to be privy to the data. RESEARCH METHODS I have used some prior experience in formulating my scenario and terms of sale. I have used observation of other products terms of sale and business contracts and analysis of records through viewing the statutes regarding terms of sales and liability issues. The variables included were the method of purchase of the product, the operating system it would work on and the place of purchase of the product. Changing any one of these variables may change the outcome of the situation. CITATIONS Bailey, S. (2008, July 7). How to write Terms & Conditions that your buyers will love. TameBay : eBay & ecommerce made easy. Retrieved August 22, 2010, from http://tamebay.com/2008/07/how-to-write-terms-conditions-that-your-buyers-will-love.html Beurer. (n.d.). Terms of sale. Unbenanntes Dokument. Retrieved August 22, 2010, from http://www.beurer.com/web/en/agb/agb.php Data Protection Act 1998 (c. 29). (n.d.). Office of Public Sector Information. Retrieved August 22, 2010, from http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_7#pt6-pb5-l1g60 Data Protection Act 1998 (c. 29). (n.d.). Office of Public Sector Information. Retrieved August 22, 2010, from http://www.opsi.gov.uk/Acts/Acts1998/ukpga_19980029_en_9#sch1-pt1 Law of Property Act 1920 to Date. (1925, April 9). Office of Public Sector Information. Retrieved August 22, 2010, from http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1925/cukpga_19250020_en_1 Read More